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`NOV.20. 2014
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`2:23AM
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`YOUNG 3. BASILE
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`Hfifififilw
`GENTRALFAXBENTER
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`Our Reference: SMC-lO2—A
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`"UV 392"“
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`PATENT
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`IN THE UNITED STATES PATEZNT AND TRADEMARK OFFICE
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`Applicant:
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`Serial Number:
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`Filing Date:
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`_
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`ANTHONY I. WARNCKE ET AL.
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`14xo57,7s1
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`October 13, 2013
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`Examiner/Art Group Unit:
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`Timothy J. Brindfey I 3636
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`Title
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`CHAIR WITH COUPLING COMPANION STOOL Base
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`AMENDMENT AFTER Fm,A_L
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`E
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`f
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`:
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`Coozunissioner for Parents
`P. O. Box 1450
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`Alexandria. VA 22313-1450
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`Sir:
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`Ifthcxe are any charges or fees in connection with the following communication, they
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`may be paid out of our Deposit Account No. 25-01 15.
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`In response to the Office Action issued November 13, 2014, please make the
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`amendments shown in the attached papers in this application in the:
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`B
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`El
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`Amendments to the Abstract.
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`Amendments to the Specification.
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`Amendments to the Claims.
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`D
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`Amendmenfi to the Drawings.
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`{‘1'B:oo2aoa47.Docx)
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`2
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`NOV. 20. 3014
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`2:23AM "_""{0UNG Eu BASILE
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`Application Serial No. 1410575181
`Date: Novem berm, 2014
`In response to Ofllee Action dated November 13, 2014
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`Listing of the Claims:
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`Cancel claims 1-14.
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`N0. 019
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`P.
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`3
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`Page 2 of 9
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`15.
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`(Currently amended) A multifimction desk ohaircomprising:
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`a chair including a seat portion with a fiont, a rear and a. bottom sIJ.rfa.ce; a backrest
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`portion and a frame interconnecting the seat and backrest portions and providing
`rLkti,rails under said seatii;
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`a floor engaging base including a vertical suppoit with a plurality of outwardly extending
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`legs at one end and a generally flat tabletop of such height as to be accessible as a
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`Work surface to a user seated in said chair resting on said rails; said tabletop-and
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`having fi'ont and rear edges and being affixed to the top of the Vertical support;
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`the tabletop being configured to underlie said bottom surface between said 395159;rails
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`I
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`when the chair is coupled to the base; and
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`an attachment mechanism for releasably coupling the chair to the tabletop, said
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`mechanism bemg operable to latch the chair and
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`the base together only when-in the rotational Qricntatigg whg-,_g'_n the front edge
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`of the tabletop generally underlies the front of the seat portion‘ wherein the
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`attachment mechanism includes a ggrmg-Qifigcg clip lock which is biased to latch
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`the chair to the tabletop but col1fig;|g_;re£l to be manually operated to selectively
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`release the chair frog the tabletop.
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`16.
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`(Previously .p1-csented] The multifunction desk chair defined in claim 15 wherein the
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`frame rails define left and right mirror-image floor engaging rocker members extending, at least in part.
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`from the rear ofthe seat to the front ofthe seat and tmdcrlying the seat, said members being spaced apart
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`enough to straddle said tabletop thetebetween.
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`17.
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`(Previously presented) The multifunction desk chair defined in claim 16 wherein said
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`rails bow outwardly and are provided with curved, floor engaging rocker surfaces.
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`18.
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`(Previously presented) The multifunction chair defined in claim 15 wherein the frame
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`members are generally spaced apart but converge toward the rear of the seat portion.
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`l9.
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`(Currently amended) The rnultifimction chair defined in claim 17 wherein the frame
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`members extend from the rear undegide of the seat upwardly along the back ofthe backrest and are
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`attached to both the rear of the seat portion and the back ofthe backrest.
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`{YE:I'JO23OB4T.DOCX }
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`PAGE 3i1D" RCVDAT11l20l2014 2:25:23 PM {Easlem Standard Tune] "SVR:W-PTOFAX-001f33 ' DH|S_I2?38flUD * CSIDI1 248 649 3338 ' DURATION (mm-ss):l2-36
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`NOV. 29. 2014
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`2:23AM W’-“YOUNG & BASILE
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`Application Serial No. 141057381
`Date: November ‘.29, 2014
`In response to Office Action dated November 13, 2014
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`l.|0.{)l9
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`Page 3 of?
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`20.
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`(Previously presented) The multifunction chair defined in claim 19 wherein the finme
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`members arejoined together to form a unit near the top of the backrest.
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`21.
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`(Canceled)
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`22.
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`(Currently amended) The multifunction chair defined in claim 2-l—;_§__whcrein the snap
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`lock is manually activated to re-latch the chair to the tabletop without direct manual contact by pushing
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`down on the chair portion when the fi'ont edges of the chair and tabletop are substantially co-located.
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`23.
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`(Currently amended) The multifunction chair defined in claim 22 wherein the snap-c_li,o
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`lock is further provided with a manual release element configured to be g1=esped—engaged by the fingers.
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`24.
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`(Previously presented) The multifunction chair defined in claim 15 wherein the frame
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`comprises a single length ofrigid inaterial attached to the underside of the chair and the back of the
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`backrest and extending in two mirror-irnage. spaced apart portions to define a rocker base under the seat
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`i
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`portion and extend upwardly and outwardly along and around the back of the baclorest to join the backrest
`to the seat.
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`25.
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`(Previously presented) The multifunction chair defined in claim 15 wherein the tabletop
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`is generally fectanguler and at least generally horizontal when the floor engaging base is placed on a
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`horizontal support surface.
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`26.
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`(Previously presented) The multifianction chair defined in claitn 22 wherein operation of
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`the sna.p—lock produces an audible response.
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`'
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`27.
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`(Omcntly amended) A multifunctional desk chair comprising:
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`a floor rocker chair having 3. seat portion with an Ltndersurface and a backrest portion
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`with a rear surface and having a shaped periphery;
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`a pedestal base with legs and atop with a substantially flat upper surface with front, rear
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`and opposite side edges;
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`Said chair including a substantially continuous frame structure forming spaced apart
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`rocker members disposed directly beneath and attached to said understtrface, said
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`frame structure extending upwardly from said flame members along and attached
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`to the backrest rear surface generally along and parallel to the ggggperiphery
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`thereofto structurally join said seat and backrest positions;
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`{‘f8.11ll23Da47.DOCX}
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`PAGE M10‘ RCVD AT 11l20l2014 2:25:23 PM [Easlem standard Time] ' SVR:W-PTOFAX-001 I33 'DNlS:2l38‘lfl0 ‘ CSIDI1 248 649 3338 ' DURATION (mm-ss]:fl2-36
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`NOV. 20. 20M 2:23AM'_'YOUN(i
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`S. BASILE
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`Application Serial No. l4a’05'.",‘!8l
`Date: November 20,2014
`In response to Office Action dated November 13, 1014
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`N0. 019
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`P.
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`5
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`Page 4 of 9
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`said rocker members being located beneath the plane of said undersurface and being
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`spaced far enough apart to accommodate said top thereberween.
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`28.
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`(Previously presented) A multifimcfional desk chair as described in claim 2'? wherein the
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`pedestal top is intermediate the vertical extent of the backrest portion when the floor rocker chair and the
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`base are at rest on the same floor and adj scent one another.
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`29.
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`(Qmenfly amended) A rnultifimctional furniture article comprising:
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`a floor rocker having a contoured seat, a. backrest and a frame interconnecting the seat
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`and backrest;
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`said frame extending along a rear surface of said backrest and continuing under said seat
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`and formed as a pair of generally parallel rocker rails that are attached to said
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`seat;
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`a base comprising a generally planar top and legs. said top being configured to fit
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`between said rocker rails; and
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`an attrachment mechanism for releasably coupling said floor rocker to said base with the
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`top between said rocker rails,
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`wherein said top is at a height corresponding generally to the vertical center of said
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`backrest when the article is in a disconnected state and the rocker and base are on
`the same floor level. wherein the floor rocker can fliyei relay‘e to the $5
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`30.
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`(Canceled)
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`(Previously presented) A two—pa.rt chair convertible from a standard height desk chair to
`31.
`a combination of separate floor rocker and work surface comprising:
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`a floor rocker having a seal, a seat back and a pair ofroeker rails depending from and
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`located below the seat, the back rest height exceeding the height of the seat
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`surface above the bottom of said rails, and a front cross member below the front
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`end of the seat and extending between said rails;
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`a base having a pedestal and a table plate mounted thereon, the table plate being
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`derachably connected to the underside of said floor rocker between said rails by
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`way of a manually operable, normally closed latch mechanism having a bias
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`spring.
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`{YB:OO23OB-I-T.DOCX }
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`PAGE 5l1D* RCVD AT 11l20l2U14 2: 25:23 PM [Eastern standard Tmel‘ SVRIW-PTOFAX-0D1l33' DH|S:2?383fl0 ‘ CSIDI1 248 6-19 3333 ‘ DURATION (mm-ss):U2-it
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`Page 5 of 9
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`NOV. 20. 2014
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`2:24AM _‘-YOUNG & BASILE
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`Application Serial No. 141051731
`Date: November 20, 2014
`In response to Office Action dated November 13, 2014
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`i i
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`32.
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`(Previously presented) A rnultifimcdon chair convertible from a standard height desk
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`chair to a combination ofseparatc floor rocker and stoolfworlt table comprising:
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`a floor rocker having a seat, a seat back, and a pair ofrocker rails below and attached to
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`said seat and in close proximity to said seat and further including a front cross
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`member between the rails below the front end of said seat;
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`a stool comprising at least one vertical support member and a generally rectangular table
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`top mounted thereon; and
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`a spring biased latch mechanism for coupling the table top to the underside of said floor
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`rocker and for releasing said floor rocker from said table top, the dimensions of
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`said table top being such as to fit between said rocker rails when the chair is in
`the desk chair configuration.
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`33.
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`(Currently amended) A multifunction task chair convertible from a desk chair to a
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`combination of separate floor rocker and game table comprising:
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`a floor rocker having a seat, a baclcrwt, and a pair of spaced-apart rocker rails under the
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`seat and attached to the seat;
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`a base having legs and a generally flat tabletop adapted to receive and support said floor
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`rocker wherein the tabletop is positioned under the seat and between the rocker
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`rails; and
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`a latching mechanism having complemental first and second elements on the seat and the
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`base and configured to allow the floor rocker and the base to be positively but
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`releasably coupled to one another in only one rotational orientation;
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`wherein the latch mechanism has a §1:_vring—biased, normally closed-flitign mph Q me
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`chair and a ncceiver for the spring biased latch on the page gg figmgg wherein
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`the chair lntgi], portion is configured to mme Quay figm mg closed pgsition to
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`allow coupling by urging fie ghgir downwardly on top of the base in the said one
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`rotational gfienmtign.
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`E
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`34.
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`(Canceled)
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`35.
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`(Previously pr-wanted) A method of operating a convertible desk chair consisting
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`essentially ofthe combination ofa low-profile floor rocker having a seat portion with s backrest and a
`pair of spaced-apart rocker rails attached to and positioned under the seat portion, and a base having a
`pedestal portion and a substantially flat tabletop surface mounted on the pedestal, and a spring-biased
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`(YB!OD23DBdT.DOCX }
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`PAGE 6H0" RCVD AT 11l20l20I4 2:25:23 PM |Easlem StandaIdTm1e]‘ SVRIW-PTOFAX-001i33 ‘ DN!S:l?38.'lflD " BSiD:1 248 649 3333 ' DURATION (mm-ss):02-35
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`NOVJIU. 2014
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`2:24AM ""'YOUNG & BASiLE
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`H0019
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`Application Serial No. 14l05?,731
`Date: November 20, 20:4
`In response to Office Action dated November 13, 2014
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`'
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`Page 6 of 9
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`latch normally couplingthe rockerto the base such thatthe seatportion overliesthe tabletop surface, the
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`method comprising the steps of.
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`decoupling the floor rocker from the base by manually operating the latch;
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`placing the floor rocker adjacent the base with the tabletop at a height mediate the
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`vertical length ofthe backrest and in direct proximity to the seat of the floor
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`rocker so as to permit a user seated in the floor rocker to use the tabletop as a
`I work surface aodfor a game table.
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`36.
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`(Previously presented) The method of claim 35 including the further step of re-coupling
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`the seat to the base by placing the seat on the base in a particular, indicated orientation that aligns
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`elements of the latch, and pressing down on the seat to open and close the latch in that order.
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`37.
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`(‘Previously presented) The multifunction desk chair defined in claim 15 further
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`including a mechanism that allows the chair to swivel relative to the base when coupled thereto.
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`3 8.
`(Previously presented) The multifilnction desk chair defined in claim 15 further
`including a mechanism that allows the chair to tilt relative to the base when coupled thereto.
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`{Y&.oo23oe-rmocx 1
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`NOV. 20. 2014
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`2:24AM ""'"YOUl!G & BASILE
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`Application Serial No. l4f057,781
`Date: November 20,2014
`In response to Office Action dated November 13, 2014
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`FIEQEIVED
`CENTRAL FA! OENTER
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`NQV 20 2011.
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`N0. 019
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`P.
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`8
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`Page 7 of 9
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`REMARKS
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`This paper is filed in response to the Office Action dated November 13, 2014 and the telephonic
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`mterview between Examiner Tim Brindley and Attorney Tom Young on November 20, 2014.
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`Applicants note with appreciation the allowance of claims 31, 32, and 35 and the fiirther
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`indication that claims 21-23, 26, 30, 34, 37, and 38 are allowable subject to being reétructui-ed so as to
`depend on an allowed ciaim. The claims in the application have been revised to place all of these claims,
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`as well as several others, in condition for immediate allowance.
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`Some modest language arnerldments have been made for clarity. The term “snap lock” has been
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`changed in claims 15, 22, and 73 to “clip lock” to agree with the specification, 1[0O4'l'. The word
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`“grasped” in claim 23 has been changed to "engaged" to avoid unnecessary confusion over meaning.
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`There are certain aspects of the Office Action which were discussed during the telephone
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`interview. These are detailed below.
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`1. The rejection of claim 36 appears to be an error. It depends directly on claim 35, which
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`stands allowed. Accordingly, claim 3 6 is automatically allowable and comection of this
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`obvious error is requested.
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`2. Claim 15 has been amended to incorporate the content of claim 21 which was deemed
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`allowable. In addition, the term “recital” has been placed before “rails” to further distinguish
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`fiorn Yu.
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`3. Two important aspects of claim 15 as originally presented, appear to have been overlooked in
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`the rejection ofthat claim under 35 USC § 102 on U. 3. Patent No. 6,554,353 to Yu. Claim
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`15, states clearly that the attachment mechanism between the tabletop and the base is such as
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`to allow the two components to be latched together “only when the front edge of the tabletop
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`generally underlies the front ofthe seat portion”. In other words, the base and the seat can
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`only be coupied in one rotational orientation. ‘The Yu base, as shown in Fig. 2, would appear
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`to admit of clamping support rods 112 to the base 20 either front-to-front or front-to-back
`orientation .
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`{YB:D023D3d'.r".DOCX)
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`NOV. 20. 2014
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`2:24AM '“'YOUI‘lG 8: BASILE
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`Application Serial No. 14I05'?,78I
`Date: November 20, 2014
`In response to Omce Action dated November 13, 2014
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`N0. {M9
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`P.
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`9
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`Page 8 of 9
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`4. Secondly, in rejecting, both claims 15 and 27, the Examiner appears to have rnisconstrued two
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`important ‘Words. The word “under” in claim 15 describes the spatial relationship between
`the rocker rails and the seal. The word "beneath" is used for the same purpose in claim 27.
`In the Wright design patent, the rocker edges ofthe side panels are neither “under” nor
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`"beneat.h” the seat panel; rather. they are simply "lower than” the seat panel in three-
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`dimensional space- A boat sailing along a river is neither “under” nor “benoath" a bridge
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`span before it reaches the bridge span or after it has passed through it. It is only “under” or
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`“beneath” the bridge span when the boat and bridge are in the same vertical plane. Similarly,
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`the rocker rails are only ‘5Jnder” or “beneath” the seat if they are within a vertical projection
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`ofthe seat plane. Wright does not correspond to this language. Thus, both claims distinguish
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`from Wright as originally presented and this language appears to render the rejections under
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`35 USC § 102 ofboth claims inappropriate;
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`5. There are additional disthictions between claim 2? as written and the Wright patent. The
`rocker s1.I1'fi1oc5 ofthe Wright patent are not created by at “substantially continuous frame
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`structure forming spaced apart rocker members disposed directly beneath and attached to
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`said under surface”. As stated above, the rocker surfaces of Wright are lower than the seat
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`plane, but they are not “directly beneath” it, nor are they attached to an “undersurfaoe".
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`Rather, they areattached to the side edges. Reconsideration of this rejection is requested.
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`6. Applicants propose herein to amend claim. 27 to state that the frame members run generally
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`along the “upper periphery” of the backrest This further distinguishes from Wright in which
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`the side panels that form the rockers only attach to the lower periphery of the backrest.
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`With the amendments made to claims 15 and 27, and the bringing to light ofan obvious error in
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`the rejection ofclairn 36, it is respectfully submitted that Applicants have placed the application in
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`condition for intmetliatc allowance and favorable action is respectfully requested.
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`No admission ofnon-patentability or non-allowability of any claim presented prior to this
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`Amendment is made or intended by reason ofthis subrnission. Nor do Applicants or Applicants’ counsel
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`make any admission that any ofthe infant seats shown in prior art such as Wright, are “analogous” art.
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`Applicants further respectfiilly traverse the Exa.tnioer’s conclusion that it would be “obvious" to shorten
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`fYBm2:oa47.oocx 1
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`:-A
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`NOV. 20. 2014
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`2:24AM ' YOUNG&BASlLE
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`Application Serial No. 1410553731
`Date: November '20, 2014
`In response to Ottice Action dated November 13. 2014
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`Page 9 of 9
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`the high chair base of the Wright patent to make the top surface “accessible” to an infant seated in the
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`rocker when placed on the floor since this Would clearly defeat one of the prJ'J'n81')’ P01110565 Of thfi Wright
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`patent, which is to provide a "high" chair.
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`Respectfully submitted,
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`YOUNG BASILE HANLON & MACFARLANE PC
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`_/ ThomasN. Young, Reg.No.$0,555
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`E 5
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`(248) 649-3 333
`(248) 649-3333 (fax)
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`3001 West Big Beaver Rd., Ste. 624
`Troy, Michigan 48084-3 107
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`{YB!DG23OB47.DOCX ]
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